In re Barrera CA4/3

Good Law
Court of Appeal of CaliforniaJune 1, 2023G062551California1,138 words

Opinion

Opinion

Filed 6/1/23 In re Barrera CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

G062551

In re PAUL DE LA CRUZ BARRERA, Super. Ct. No. 05CF3817) on Habeas Corpus.

OPINION

Original proceedings; petition for writ of habeas corpus to file a late notice of appeal. Petition granted. Appellate Defenders, Inc., and Anna M. Jauregui-Law for Petitioner. Rob Bonta, Attorney General, and Charles G. Ragland, Senior Assistant Attorney General for Respondent.

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THE COURT:*

Petitioner Paul De La Cruz Barrera seeks relief from the failure to file a timely notice of appeal, and to have it deemed constructively filed under the authority of In re Benoit (1973) 10 Cal.3d 72,87-88. The petition is granted. Petitioner is the defendant in Superior Court of Orange County criminal…

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